The Origin Of Modern Roads

After General Anthony Wayne's victory over the Indians, in
1794 (the Battle of Fallen Timbers), and the Treaty of Greenville was signed
in 1795, the settlers made a demand for roads. With land being bought by the
early settlers and no way of clearing and farming because of the constant Indian
attacks, the settlers had no way to get to their lands because of lack of appropriate
roads.
The Act of 1792 was the first provisional act for the construction of highways.
This act gave the Governor and judge's power to initiate programs for roads.
Under this act, all able-bodied males, and 16 years and over, should work on
the roads not more than ten days annually. A man could hire a substitute or
send a team of horses. Refusing to work meant a fine of $.50 per day to be paid
to the supervisor. If a minimum of twelve persons, who lived in a county or
territory, petitioned for a road the petition could be granted. A surveyor was
appointed at the petitioners' expense. The above was recorded in the county
clerk's office. The supervisor was responsible for building and maintaining
his own roads.
The Act of 1792 was little touched in so far as road building was concerned.
Another road amendment was to take place, the Act of 1799. This act changed
the minimum age to 21 years, instead of 16, to do labor on the roads. A fine
of $.75 per day was leveled on those who refused to work. A road tax not to
exceed one-half of the tax levied to defray territorial or county expenses was
ordered by the County Commissioners. All public roads or highways were to be
kept in repair according to the statutes of law. A notification of twenty days
in advance to all owners of improved property whose land the proposed road was
to go through was mandatory.
Ebenezer Zane, assisted by his son-in-law, John McIntire, laid out in 1797,
a trace, with Congress' authorization, which ran from Wheeling, West Virginia,
to Aberdeen, Ohio, via Cambridge, Zanesville, Lancaster and Chillicothe. This
route was completed in 1799. It was merely a narrow trail for horseback, not
wide enough at first for wagons. This was called Zane's Trace.
The Legislature appropriated $15.00 per mile for laying out a new road over
the trace. In 1804, a wagon road was laid out over the entire route. This was
the first officially recognized road in Ohio.
The National Road received its name because it was the first and only road that
was completely constructed and financed by the U.S. Government. The Federal
Government through a bill introduced by Henry Clay in 1806, authorized it. (A
monument to Henry Clay now stands near Wheeling, West Virginia. It honors Clay's
great service in getting Congress to advance money for the road.)
With its beginnings in Cumberland, Maryland, the secondary name of the "Cumberland
Road" was often used.
Many politicians saw that the road would run through their territories, although
original plans called for a total westerly course.
Work actually started on the road in Ohio in 1825. The project was financed
by the sale of public lands, which was 2 percent. The felling of trees, hauling
out stumps, and underbrush removal to a width of 60 feet was the distance prescribed
by law.
The proposed target for the National Road was Vandalia, Illinois, which was
then the state capitol.
This road was called the "Main Street of America." It was destined
for the transfer of livestock, food, goods, commodities and many trade items.
This road connected the east with the west and eliminated the many hang-ups
as far as travel was in this expanding time.
The Federal Government made its last appropriation for the road in 1838. The
total amount spent by the Federal Government was $6,824,919.33. The total length
was 600 miles. The road closely parallels U.S. 40 the entire way.
In 1803, Congress set up what was known as the "Three Per Cent Fund,"
which said in certain terms, that this amount was to be set aside from the net
proceeds of the sale of all public lands for the building of public roads and
that two per cent was to be set aside for roads leading up to the states boundary.
This money was more or less spent to lie out roads rather than for the building
of the roads.
It was in 1803 that Jeremiah Morrow was chosen the first Representative of Congress
from Ohio. This completely dedicated man had ventured to cross the vast eastern
mountains to attend this prestigious appointment. He left his home near Morrow
and traveled on horseback, taking with him his wife and two young children to
the residence of Mrs. Morrow's parents in Fayette County, Pennsylvania. This
annual excursion of sixteen years was one of pure dedication. Mr. Morrow also
was a U.S. Senator for six of these years.
The road law of 1804, or the Sheepskin Code, said in effect: "Labor was
required of all males between ages of 18 and 50, who were residents of the townships
through which the road would pass, each man to work three days or be assessed
a fine of $1.00 per day." A highway supervisor was responsible for the
roads in his respective township. These supervisors saw that roads were kept
in repair; the funds came from the fine fund.
This particular law stated that: "All the road commissioners should make
certain that all the roads were properly surveyed and plainly marked to a width
of 56 feet." The money to be spent on each road was specified in the Act
of 1804, and to ensure equitable distribution of the fund, each road was divided
into sections from 5 to 30 miles with an equal amount appropriated for each.
A description of the road construction is that "all timber and brush should
be cut and cleared off at least 20 feet wide, leaving the stumps not more than
1 foot in height [merely for the wagon axles to clear], wet and miry places
shall be made of timber covered with earth; small streams that are difficult
to be passed shall be bridged."
The Legislative Act of 1817, provided: "Right of way width-66 ft.; cleared
of brush and logs-33 ft.; At least 18 feet to be made an artificial road composed
of stone, gravel, wood or other material well compacted together in such manner
as to secure a firm, even and substantial road, rising in the middle with a
gradual arch, and in no case shall the ascent in any turnpike road be greater
than 5 degrees."
The Legislative Act of 1824 fixed width of state roads at 66 feet, county roads
at 60 feet, and township roads at 40 feet.

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